If a foreclosure is dismissed with prejudice, can you still sale the home?

The dismissal with prejudice does not change the fact that the lien of the mortgage creates s major cloud on your title. Whether this can be...

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I received a demand letter for my dead estranged mother's foreclosed home. Do I owe this? We haven't had contact in many years.

The purpose of an Action of Foreclosure is for the creditor to be able to sell the collateral property and thereby to wipe out the claims of all...

JUST RECEIVED an Answer and Response to some discovery concerning foreclosure, and attached are printouts of payment history.

This is not material that is required to be in the Complaint. The plaintiffs never cooperate in providing responsive or informative discovery, the...

A FORECLOSURE "material fact"-- Securitization? I'm considering using this issue for foreclosure defense. On the surface, it

Unless you really understand it, and understand Florida Civil Procedure, you are doomed to fail. Even the few really knowledgable attorneys...

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After foreclosure, how long after in the State of Florida, can you obtain a mortgage and buy a home? Home foreclosed Feb 2012.

This is not an issue that has anything to do with the State of Florida, other than as to a potential deficiency judgment. Make sure that title to...

First mortgage forecloses, does that eliminate their lien?

If you are the successful bidder, you do not incur any obligation for the balance of the mortgage debt. However, you would likely incur...

Statute of Limitations in Florida Foreclosure. How does it work

The statute of limitations is 5 years from the date of acceleration. However if acceleration was attempted by a party lacking standing to have done...

I have a default entered against me in a Florida foreclosure for failure to respond to the initial summons.

No. If you were defaulted you cannot defend and subsequent pleadings after initial service do not need to be, nor are they ever, served personally....

Rental property in Florida

You are free to sell it without any issues at all if it is worth more than it would take to pay off the mortgage. If not, the only way to sell it...

Will I be responsible for any deficiency after my property is sold by BOA.I live in Florida but the property is in NJ?

If the foreclosure is in New Jersey, New Jersey law applies to both the foreclosure and the potential deficiency claim. So, you should consult a...